92 Decision Citation: BVA 92-25664
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-09 317 ) DATE
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THE ISSUES
1. Entitlement to service connection for chronic
dislocation of the stomach.
2. Entitlement to service connection for chronic residuals
of a head injury, to include a skull fracture.
ATTORNEY FOR THE BOARD
C. Haskins, Associate Counsel
INTRODUCTION
The veteran had active service from September 1935 to
September 1938 and from October 1938 to December 1941.
This matter came before the Board on appeal from a rating
decision of March 1992 from the New Orleans, Louisiana,
regional office (hereinafter RO), which denied service
connection, in pertinent part, for dislocation of the
stomach and for a fractured skull. The notice of disagree-
ment was received on April 14, 1992. The statement of the
case was issued on April 29, 1992. The substantive appeal
was received on May 14, 1992 and it only made reference to
the two issues noted on the title page of this decision.
The Board will limit consideration to those issues.
The appeal was received at the Board on June 10, 1992, and
docketed on June 12, 1992. The veteran is unrepresented in
his appeal, and the case is now ready for appellate review.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that he dislocated his stomach as a
result of a fall during active service. He maintains that,
if he had been given a proper examination, this would have
been shown. He asserts that his stomach actually moves from
side to side and that he has been instructed to practice
certain exercises in order to maintain muscle support of his
stomach and to lie on his left side two hours after eating a
heavy meal so that his stomach may return to its proper
position for digestion.
He also contends that he incurred a skull fracture during
active service. He maintains that the top of his head is
sensitive and soft to the touch.
DECISION OF THE BOARD
In accordance with the provisions of 38 U.S.C.A. § 7104
(West 1991), following review and consideration of all
evidence and material of record in the veteran's claims
file, and for the following reasons and bases, it is the
decision of the Board that the preponderance of the evidence
is against a grant of service connection for chronic
dislocation of the stomach and for residuals of a head
injury, to include a skull fracture.
FINDINGS OF FACT
1. All relevant evidence necessary for an equitable
disposition of the appeal is of record.
2. "Dislocation of the stomach", for which the veteran was
treated during active service, resolved without residual
disability, and the record contains no post-service evidence
of treatment or diagnoses of the disorder.
3. A scalp laceration of the right temporal area, for which
the veteran was treated during active service, resolved
without residual disability, and the record contains no
post-service evidence of treatment or diagnoses of
residuals.
4. Service medical records contain no evidence of a skull
fracture during active service.
CONCLUSIONS OF LAW
1. Chronic dislocation of the stomach was neither incurred
nor aggravated as a result of disease or injury during
active service. 38 U.S.C.A. §§ 1131, 5107 (West 1991);
38 C.F.R. § 3.303 (1991).
2. Chronic residuals of a scalp laceration of the right
temporal area were neither incurred nor aggravated as a
result of disease or injury during active service.
38 U.S.C.A. §§ 1131, 5107 (West 1991); 38 C.F.R. § 3.303
(1991).
3. A skull fracture was neither incurred nor aggravated as
a result of disease or injury during active service.
38 U.S.C.A. §§ 1131, 5107 (West 1991).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
We note that we have found the veteran's claims to be "well
grounded" within the meaning of 38 U.S.C.A. § 5107(a).
That is, we find that he has presented claims which are
plausible. We are also satisfied that all relevant facts
have been properly developed. No further assistance to the
veteran is required to comply with the duty to assist as
mandated by § 5107(a).
Under the law, service connection may be granted for
disability resulting from disease or injury incurred in or
aggravated by peacetime service. 38 U.S.C.A. § 1131. For
the showing of chronic disease in service there is required
a combination of manifestations sufficient to identify the
disease entity, and sufficient observation to establish
chronicity at the time, as distinguished from merely iso-
lated findings or a diagnosis including the word "chronic."
Continuity of symptomatology is required where the condition
noted during service is not, in fact, shown to be chronic
or where the diagnosis of chronicity may be legitimately
questioned. When the fact of chronicity in service is not
adequately supported, then a showing of continuity after
discharge is required to support the claim. 38 C.F.R.
§ 3.303(b). Service connection may be granted for any
disease diagnosed after discharge, when all the evidence,
including that pertinent to service, establishes that the
disease was incurred in service. 38 C.F.R. § 3.303(d).
A review of the veteran's service medical records discloses
that he was hospitalized for approximately six days in June
1936 for treatment of a laceration wound of the right tem-
poral region after being hit on the head by a translating
handle during a gun drill. Clinical records reveal that he
was unconscious for approximately 5 to 10 minutes following
the accident. During hospitalization, the wound was sutured
and the veteran complained of headaches. He was subsequently
discharged to duty in an improved condition. Clinical
records reflect no other evidence of complaints, treatment,
or diagnoses of headaches or injuries involving the head.
The physical examination report of December 1941 for separa-
tion from active service reflects clinical findings, in
pertinent part, of "[d]islocated stomack" (sic) and
"[s]tomack trouble [which] started in Chicago 4-3-41"
(sic). The circumstances under which the disability was
incurred were listed as "[n]ormal duty at Technical
School." The examiner stated his opinion that the "wound,
disease, or injury" originated in the line of duty in the
military service of the United States. The record of
physical examination reflects a diagnosis, in pertinent
part, of visceroptosis "as demonstrated by X-ray." The
physical examination report contains no references to a head
injury or to residuals thereof.
A report of a VA examination conducted in November 1991
reflects the veteran's statements, in pertinent part, that
he slipped on an oily floor in 1941 while carrying a
106-pound propeller. He reported that he was hospitalized
and told that he had "pull[ed] [his] spleen out." He stated
that he still had "crampy" stomach pains from it which were
located in the upper left quadrant and the right side of
the abdomen. He also stated that, in 1937, he cracked his
anterior right skull when a brick block came down on his
head. He reported that he had never gotten over it and
still had a tight feeling in that area of his head. He
reported that he had double vision intermittently until
1943, when he was told that he had "out grown" it. Clinical
evaluation of the head and the digestive system disclosed no
significant abnormalities. A report of abdominal ultrasound
reveals that no definite rupture of the spleen was demon-
strated and that the remainder of the abdomen was negative.
An X-ray report of the skull reveals that no fractures or
abnormal calcifications were present and the sella turcica
was normal. The examiners' impressions, in pertinent part,
were history of a skull fracture in 1937, history of colonic
diverticular disease, and history of old trauma to the
spleen.
Following our review of the evidence in its entirety, we
acknowledge that the veteran's service medical records
reflect treatment in June 1936 of a scalp laceration of the
right temporal area during active service. Clinical records
reflect no evidence of additional complaints or treatment
for residuals thereof or that he had a skull fracture at any
time during active service. The claims folder contains no
evidence of post-service complaints, treatment, or diagnoses
of headaches or other residuals of a head injury after
service. We must conclude that the scalp laceration of the
right temporal area for which the veteran was treated during
active service was acute and transitory and resolved without
residual disability, as evidenced by the physical examination
report for separation from service. The preponderance of
the evidence is against a grant of service connection for
chronic residuals of a head injury, including a skull
fracture. 38 U.S.C.A. §§ 1131, 5107; 38 C.F.R. § 3.303.
With regard to "dislocation of the stomach," we observe that
the claims folder contains no service medical records dated
after approximately 1938, with the exception of the physical
examination report of December 1941 for separation from
active service. This report reflects the examiner's
reference to hospital records, notation that visceroptosis
was demonstrated by X-ray, and opinion that visceroptosis
was incurred in the line of duty. Although visceroptosis
was found at separation from service, the claims folder
contains no post-service evidence of complaints, treatment,
or diagnoses of the disorder or residuals thereof. The VA
examination report of November 1991 reveals that clinical
evaluation of the digestive system and the abdomen were
negative. The diagnoses include several gastrointestinal
disorders by history only and contain no references to
visceroptosis. Inasmuch as the examination contains no
clinical findings or diagnoses to support a conclusion that
the veteran currently has such a disorder, we must conclude
that the preponderance of the evidence is against a grant of
service connection for "dislocation of the stomach."
38 U.S.C. §§ 1131, 5107; 38 C.F.R. § 3.303.
ORDER
Service connection for chronic dislocation of the stomach is
denied. Service connection for chronic residuals of a head
injury, to include a skull fracture, is denied.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
URSULA R. POWELL (Member temporarily absent)
LAWRENCE M. SULLIVAN
(CONTINUED ON NEXT PAGE)
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting
less than the complete benefit, or benefits, sought on
appeal is appealable to the United States Court of Veterans
Appeals within 120 days from the date of mailing of notice
of the decision, provided that a Notice of Disagreement
concerning an issue which was before the Board was filed
with the agency of original jurisdiction on or after
November 18, 1988. Veterans' Judicial Review Act, Pub. L.
No. 100-687, § 402 (1988). The date which appears on the
face of this decision constitutes the date of mailing and
the copy of this decision which you have received is your
notice of the action taken on your appeal by the Board of
Veterans' Appeals.